Unit 9: Judicial Branch

What is a brief?

A unwritten document that explains one's side on a case

Plaintiff

An accused party in a civil case

What did the Supreme Court case Plessy vs. Ferguson establish?

An idea of separate but equal

What are appeals courts?

Appeals courts are comprised of a panel of 3 or more judges to review a case

What jurisdiction do appellate courts have?

Appellate courts (appeals)

Decisions of higher courts...

Are binding on the lower courts.

Where in the Constitution is the national Supreme Court established?

Article III

What was the United States governed by from 1781 to 1789?

Articles of Confederation

What are concurrent jurisdictions?

Concurrent jurisdiction is the authority of both state and federal courts to hear and decide cases

A judge who agrees with the majority but disagrees with the reasoning writes what?

Concurring opinion

Who sets and has the power to change the number of justices?

Congress

What two types of cases do courts hear?

Criminal and Civil cases

What are district courts responsible for?

determining the facts of a case

What types of cases does the Supreme Court have original jurisdiction in?

disputes between two or more states and cases that involve diplomats from foreign countries

What courts are at the lower level, middle, and top level?

district courts -- circuit courts of appeals -- Supreme Court

Who gives evidence in a civil case?

each side presents its position in court

Cruel and unusual punishment are found under what amendment?

eighth

What did the Judiciary Act of 1789 do?

established two types of lower federal courts: district courts and circuit courts

Constitutional

follows the Constitution

What are the term limits for U.S. attorneys?

four-year terms by the president and do not have to be approved by the Senate

What is an example of a federal government dispute?

government might sue a company for failing to deliver goods as promised in a contract or a company might sue the government for not paying for goods on time

What do magistrate judges do?

issue court orders, such as search warrants, hear introductory evidence and decide if a case should be brought to trial, decide whether people under arrest should be held in jail or released on bail and are appointed by a majority of the federal judges in a district

How does the judicial branch check the other branches

judicial review

What are examples of federal crimes?

kidnapping, tax evasion, and counterfeiting

Where do federal courts get their powers from?

laws passed by Congress

What do U.S. Marshals do?

make arrests, collect fines, and take convicted people to prison, protect jurors, keep order in federal courts and deliver subpoenas

What do the panel of three or more judges do in the court of appeals?

review the records of the case from the trial court and listens to arguments made by lawyers for both sides and then meet and make a decision by majority vote

What does the president usually follow when naming judges to district courts?

senatorial courtesy where the president first submits the name of a candidate to the senators from the candidate's state and if one of the senators objects to the candidate, the president then usually nominates another candidate. This only applies to district courts

What do district courts do?

serve as trial courts for distinct geographic regions and handle minor civil and criminal cases

What are the term limits on magistrate judges?

serve eight year terms and can be reappointed

What amendment is the right to public defense found?

sixth

What are examples of concurrent jurisdiction?

someone accused of committing a crime that breaks both state and federal law or when citizens of different states have a dispute with a value of at least $75,000

What is an example of lawsuits between citizens of different states?

someone from Maine thought that a company in another state had made a faulty product that harmed him or her. The person from Maine could sue the company in federal court

Where do state courts get their powers from?

state constitution and laws

What do circuit courts do?

take more serious cases and hear appeals from the district courts

Appellate Jurisdiction

the authority of a court to hear a case appealed from a lower court

What does the Principle of British law state?

the decisions of the highest court in the jurisdiction are binding on the courts under it which is why all courts in the country must follow the precedents set out by the United States

What does the majority opinion state?

the facts and gives the ruling and explains the Court's reasoning in reaching its decisions

What happens after a brief is filled?

the justices study them and develop questions, then lawyers for each side present oral arguments

When do lawyers appeal a case?

when they feel that the district court judge made a mistake

What do the panels rule on?

whether or not the original trial was fair

Who gives evidence in a criminal trial and who decides?

witnesses and a jury or a judge decides on a verdict of guilty or innocent

What is exclusive jurisdiction?

authority of only federal courts to hear and decide cases

When do civil disputes occur?

between parties who feel that their rights have been harmed

What are the three kinds of civil disputes?

between two private parties (people, companies, or organizations), between a private party and the government, and between the U.S. government and a state or local government or between state governments

Do district courts take criminal or civil cases?

both

Docket

calendar of cases to be heard

What are admiralty and Maritime laws?

concern crimes, accidents, and property at sea

How did the Founders decide to solve the problems where people would receive equal justice in all the states?

create a federal judiciary

Supreme Court limits

-Can't seek out cases. Must wait for parties, aka litigants to come to them -All cases must be legal disputes -Only try cases that have a federal question -Don't deal with political matters -Can't make gov. do what it orders

Rulings of appeals

-Decided by 3 or more judges -Can leave result unchanged -Reverse the result -Send case back to be tried again

Supreme Court original jurisdiction

-Have in class that involve two or more states -Have in cases involving diplomats

How they choose cases

-Involve "key constitutional question" -Involve legal, not political issues -4/9 judges must agree to head a case -Cases head go to docket, the calendar of cases

Federal cases:

-Kidnapping -Tax evasion -Disagreements between states -"admiralty and maritime laws" -Any dispute with the federal gov. or a US citizen and a foreign gov.

Rights of Accused

-Public trial -Lawyer -Presumed innocent (until proven guilty) -Right to review the case -Remain silent

Factors influencing decisions

-Stare Decisis: using earlier court decisions to decide cases -Social conditions, public ideas, and technology change, so precedents don't always stand (can change) -Justices are human, so their life experience can affect rulings

How many judges need to agree to accept a case?

4 out of 9

The rights of the accused refer to which four amendments?

4, 5, 6, 8

How many justices are needed to vote on the case?

6

How many justices need to be present for jurisdiction?

6

In order for the Supreme Court to decide a case, how many justices need to be present?

6

How many justices make up the Supreme Court?

9

Subpoena

A court order that requires a person to appear in court

Brief

A document explaining one side's position. The parties have another chance to write another after they have read the other side's brief

Which Supreme Court case overturned Plessy vs. Ferguson?

Brown vs. Board of Education

True or False: In a civil case, the person who has a lawsuit brought against them is called a defendant.

False

True or False: Presidents can remove Supreme Court justices from the bench

False

True or False: The fifth amendment gives an accused person a right to a lawyer.

False

True or False: The sixth amendment protects against double jeopardy.

False

True or False: the appeals courts decision is about a criminal defendant's guilt or innocence or which side should win in a civil lawsuit

False

True or False: A judge or justice may seek out an issue and ask both sides to bring it to court

False

True or False: A precedent has the force of law

False

True or False: Judges see the world based on their own experiences and these experiences always impact a judge's ruling.

False

True or False: The Constitution is the supreme law of the land and it is SCOTUS's responsibility to enforce the laws of our country

False

True or False: The Constitution sets particular qualifications for justices

False

True or False: The Writ of Certiorari is a tool that SCOTUS can use to allow it to promote the court's liberal agenda

False

True or False: The government is above the law

False

True or False: There are requirements that the justices must be lawyers

False

True or False: While the Supreme Court would have liked having the power of judicial review, that power belongs to the Legislative Branch

False

What types of cases do federal courts handle?

Federal cases that involve the Constitutional, federal law, federal government, different states or people from different states, and some special areas of law

Protections from double jeopardy are under which amendment?

Fifth

The most basic power of the judicial branch is to?

Interpret laws

Stare Decisis

Latin for "let the decision stand" using earlier court decisions to decide cases

Writ of Certiorari

Latin for "to make more certain" and directs a lower court to send its records on a case to the Supreme Court for review

Branch that decides the number of justices

Legislative

Which branch can decide how many justices there are?

Legislative

Appeals

Made when the defense lawyer feels the judge or jury made a mistake

US Marshal

Make arrests, collect fines, take convicted ppl. to prison

Appointment of judges

President appoints, but they must have consent of the senate. In the case of naming judges for district courts, senatorial courtesy happens. If one member does not like the appointment, president chooses another.

An accused party in a civil case is called what?

Plaintiff

What does an opinion set for all courts and agencies within the district?

Precedent

8th Amendment

Protects against cruel and unusual punishment

5th Amendment

Protects against double jeopardy

4th Amendment

Protects against unreasonable searches and seizures: need a warrant

True or False: Another word for "precedent" is a Latin word called "stare decisis." It means the practice of using earlier court decisions to decide a case

True

True or False: Juror should have limited knowledge/opinions on a case

True

True or False: Stare decisis is using earlier judicial rulings as a basis for deciding cases (precedent)

True

True or False: The Supreme Court has original cases that problems between states AND diplomats from other countries

True

True or False: The Supreme Court most often hears cases dealing with individual rights.

True

True or False: The current number of Supreme Court justices is 9. If that number is to change, Congress would be the branch of government to do it as they have power over the courts.

True

True or False: The eighth amendment protects against cruel and unusual punishments.

True

True or False: The fourth amendment bans unreasonable searches and seizures and requires a warrant to search property.

True

True or False: There was no national court system under the Articles of Confederation

True

True or False: While it is important to have law experience it is not a requirement to be a Supreme Court justice

True

True or False: a person could sue in federal court if the person believes that a constitutional right, such as freedom of speech, has been violated

True

True or False: District Courts are the only federal courts in which witnesses testify and juries hear cases and reach verdicts

True

True or False: District Courts have original jurisdiction

True

True or False: Federal courts hear civil cases that involve federal laws

True

True or False: If the Supreme Court determines a law to be unconstitutional, the court can nullify it (legally cancel it)

True

True or False: One way Congress can get around an unconstitutional ruling by the Supreme Court is for Congress to Amendment the Constitution

True

True or False: One way the president can influence government after he/she leaves office is to have the opportunity to nominate a Supreme Court justice who is pleasing to the government

True

True or False: Placing limits on jurisdiction prevents them from interfering with state courts

True

What is the main goal of our "dual court system?"

"Equal Justice Under Law" / to treat every person the same / to have equalness throughout the court system

What is the goal of the dual court system?

"Equal Justice Under Law" or to treat every person the same

What does the fifth amendment do?

*Double jeopardy* (can't be tried twice for the same crime) (due process, double jeopardy; self incrimination)

What does the eighth amendment do?

*cruel and unusual punishment* (no excessive bail or fine)

What does the fourth amendment do?

*protection against unreasonable search and seizure (warrants)*

What does the sixth amendment do?

*public defense* (right to speedy trial)

What are the three principles of judicial review?

- The Constitution is the supreme law of the land - If there is a conflict between the Constitution and any other law, the Constitution rules - The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the situation and to nullify laws that do

What are the limits on the Supreme Court?

- The Court can only hear and make rulings on the cases that come to it - all cases taken by the Court must be actual legal disputes - the Court can only take cases that involve a federal question - Court has refused to deal with political matters - cannot enforce Court desisions

What three ways can the judges decide on a case?

- They can uphold the result of the trial, which leaves the verdict in that trial unchanged - They can reverse the result of the trial. The judges take this action if they think the original judge made an error in procedure or in interpreting the law - They can remand the case which means sending the case back to the lower court to be tried again. The judges take this step if they think the original trial was not right in some way

Precedent

After a decision is made on an appeal a judge writes an opinion, or legal explanation of what they did and why, that sets a precedent for similar cases

How many district courts does each state have?

At least one

Interpret the constitution

Basic power of judicial branch

What was the problem with the Articles of Confederation's court system?

Between states and who could have jurisdiction. There is no equal justice.

What is the leader of the Supreme Court called?

Chief Justice

Difference between civil and criminal cases

Civil: between parties who feel their rights have been harmed. Each side presents their position and the court decides in favor of one Criminal: people who are accused of a crime go to a court that will decide their innocence

A judge who disagrees with the majority opinion writes what?

Dissenting opinion

Two types of federal courts (besides Supreme Court)

District courts: trial courts for specific geographic areas. Handled minor cases Circuit courts (appeals courts): took more serious courts and appeals from district courts. Currently only hold appeals

Magistrate judges

Do routine work: issue court orders, decide if a case should be tried, decide if people should be in jail or have bail. Are judges in minor cases. Serve for 8 years

Where do the accepted cases go?

Docket

Conference

Every week, justices discuss, in secret, cases they have been studying. They take turns presenting their views in order of seniority. They then vote. At least 6 must be present

What types of jurisdictions does the Supreme Court have?

Exclusive and Concurrent Jurisdiction

What is the difference between exclusive and concurrent jurisdiction?

Exclusive is the authority of only courts to hear and decide cases and concurrent is the authority of both state and federal courts to hear and decide cases

How can the other branches check the judicial branch?

Executive appoints justices, senate approves justices. Congress can make amendments.

How long and when does the Supreme Court meet each year?

For nine months and begins first Monday in October

Unreasonable searches and seizures and need for warrants are under what amendment?

Fourth

Supreme Court jurisdiction

Has both appellate and original jurisdiction

What is the difference between the civil and criminal case?

In the criminal case it is a person who committed a crime and a civil case is when a person's right is violated

Problem with the articles of confederation

If a case was between states, didn't know which state would have jurisdiction. No consistency with courts, no equal justice

Requirements for a federal case

Must involve the constitution, federal law, or the federal government

Qualifications

No official qualifications, though all Supreme Court justices have had prior legal experience. They have their jobs for life: tenure

Dissenting opinion

Opinion written by a judge who disagrees with the majority opinion

Writ of certiorari

Orders a lower court to send its records on a case to the Supreme Court for review -Happens if someone involved claims the lower court made and error

What jurisdiction does the Supreme Court have?

Original and appellate (appeals court) jurisdictions

What is original jurisdiction?

Original jurisdiction is a court's authority to hear a case for the first time

6th Amendment

Right to public defense

Who approves Presidential nominations to the Supreme Court?

Senate

What factors influence decisions?

Social conditions, public ideas, and technology change, justices personal life

Why did the Framers give the Supreme Court justices life sentences?

The Framers gave Supreme Court justices life sentences because then they are free of political pressures

What gives the Supreme Court the right to judicial review?

The Judiciary Act of 1789

What can the Supreme Court do with a writ of certiorari?

The Supreme Court can request lower court records on a case

Judicial Review

The ability to decide if a law/action is constitutional; how they check other branches

What is jurisdiction?

The ability to hear and decide a case.

Original Jurisdiction

The authority of a court to hear cases for the first time

Jurisdiction

The authority to hear and decide a case

What does a justice who disagrees on a case be asked to write?

The dissenting opinion

Dual Court System

The federal courts exist alongside the state courts. The goal is "equal justice under law", to ensure that everyone is treated the same.

What happens at a conference?

The justices get together to make their first decisions about the cases they have been studying. These meetings take place in secret with no audiences. The chief justice states his or her views and then the other justices do the same.

6 justices

The number that must be present out of 9 to decide a case

What was the problem when each state had its own laws and courts?

There wasn't any way to make sure that people would receive equal justice in all states

What do magistrate judges do?

They decide if cases should be brought to trial

What is judicial review?

They decide if the laws are constitutional

What are the term limits for federal judges?

They have their jobs for life and can only be removed if they are impeached

How do the other branches check the judicial branch?

They pass laws and the senate can approve justices

What does nullify mean?

To legally cancel (a law)

What are the two main jobs of the judicial branch and which one is the judicial branch's main power?

Tries to insure that the laws are fairly enforced. *It interprets the laws.*

Federal courts must...

Wait for action to come to them. Cannot seek out a case.

Appellate Jurisdiction

What appeals courts have: ability to decide the fairness of a case that has been appealed

Concurrent Jurisdiction

When either a federal or a state court could hear a case

Exclusive Jurisdiction

When only a federal court has the authority to hear a case

What is concurrent jurisdiction?

authority of both state and federal courts to hear and decide cases

Concurring Opinion

Written by a judge who agrees with the majority opinion but for a different reason

Unanimous opinion

a Supreme Court ruling on a case in which all justices agree on the ruling

Dual Court System

a court system made up of both federal and state courts

Jurisdiction

a court's authority to hear and decide cases

Opinion

a detailed explanation of the legal thinking behind a court's decision in a case

Precedent

a ruling that is used as the bases for a judicial decision in a later, similar case

Dissenting opinion

a statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion

Concurring opinion

a statement written by a justice who votes with the majority but for different reasons than the others

Brief

a written document that explains one side's position on the case

Ruling

an official decision by a judge or a court that settles a case and may also establish the meaning of a law

Subpoenas

an order that requires a person to appear in court

What types of disputes between foreign governments and U.S. diplomats go to the federal courts?

any dispute between a foreign government and the U.S. government, foreign government and an American company or citizen, and if American officials at work in another nation are accused of a crime

In criminal cases, what do the people accused do?

appear in court for a trial

What does the court do in a civil case?

applies the law to the facts before it and then decides in favor of one side or the other

How is an appeal based?

on how the law was applied by the judge and on how the judge interpreted the law

Litigant

one of the parties involved in a lawsuit

Judicial Review

the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution

What power did the federal judiciary give the Congress?

the power to make lower federal courts if Congress saw the need for them

What does Article II Section 2 say?

the president appoints all federal judges with the advice and consent of the Senate

Tenure

the right to hold an office once a person is confirmed

What is an example of disputes between states?

the states of Colorado and California disagree over which has a greater right to water from the Colorado River

Caseload

the workload of cases in a period of time

Why are these written opinions so important?

they guide rulings in new cases before the Supreme Court and other courts around the country

How does the Supreme Court pick cases?

they tend to pick cases that involve legal rather than political issues because then the cases deal with the entire country rather than individuals

What is the Supreme Court's main job?

to decide whether laws are allowed by the U.S. Constitution

What is the main goal of the judicial dual court system?

to have equal justice under the law

Nullify

to legally cancel

What is the job of attorneys and deputies?

to prosecute people of breaking federal law, represent the government in civil cases in which the government is involved

What did Congress take responsibility for from the circuit courts?

trial responsibility

What is an example of admiralty and maritime laws?

two parties may disagree over which of them has the right to property recovered from a shipwreck